Multiemployer Plans

Because of their size, complexity and unique structure, multiemployer plans present challenges that require specific expertise.  Our Multiemployer Plan group understands these challenges and has comprehensive knowledge of the legal and regulatory environment in which these plans operate, as well as decades of experience working with plan trustees.

HOW WE HELP

As one of the largest and most experienced Multiemployer Plan practices in the country, clients turn to our team for legal advice whether they are plan trustees, administrators or service providers. We counsel on all aspects of the design and administration of multiemployer defined benefit plans, defined contribution plans, and welfare benefit plans (including health, dental, vision, training and vacation benefits).

Apart from the customary day-to-day advice, we also provide fiduciary counseling to trustees and other fiduciaries of our multiemployer plan clients.  We advise trustees on, among other things, prohibited transactions, alternative investments, conflicts of interest, the boundaries of fiduciary responsibility, circumstances under which non-fiduciaries may be liable for breaches of duty, measures that effectively insulate multiemployer plans from potential liability and measures that protect individual fiduciaries from co-fiduciary liability.

We have handled numerous DOL audits for our multiemployer plans, as well as arbitrations and litigation, involving everything from single plaintiff benefit claims and complex class action suits for alleged breach of fiduciary duty, to claims by plans against service providers and investment managers and consultants. We have also represented both plans and individual trustees in connection with criminal investigations.

Employee benefits law is a dynamic and developing area of law. Our responsibility to our Taft-Hartley clients includes tracking legal and regulatory changes on federal, state and local levels and alerting our clients to the impact these changes can have on their multiemployer plans. In this regard, we have extensive experience on Capitol Hill, with the ability to track legislative and administrative developments through our team in Washington, DC, and we have very close and long-term working relationships with key personnel at the IRS, DOL, PBGC and DOJ.

THE SEYFARTH EXPERIENCE

The sheer size of Seyfarth’s Employee Benefits group means that we have attorneys who work in various technical areas important to multiemployer plans, including the Affordable Care Act, PPA, COBRA, HIPAA, GDPR, USERRA, securities lending, non-discrimination testing, custodial agreements, alternative investments, and real estate transactions. This allows us to get answers to questions quickly and efficiently, and ensures that the trusts will have the benefit of tapping into our experience with similar transactions for a large number of other clients.

Furthermore, as a full-service law firm, we can ensure quick and economical coverage of issues that arise in related areas of law. For example, we have a significant practice area in the health care provider industry, and a working familiarity with the operations of HMOs, PPOs, PBMs, insurance carriers, drug providers and others. In addition to our depth in the health care industry, we also have practice groups devoted to institutional investing, tax, securities, real estate, banking and insurance. These groups are familiar with many of the crossover issues that affect Taft-Hartley plans. We have found that these complementary services save time and ensure quality coverage of many issues important to multiemployer plans.